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PIP decision received

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7 years 4 months ago #178089 by zaib
PIP decision received was created by zaib
PIP decision for my partner is a low rate award only for daily living total 8 points; 2 each saying you need aid or appliance to prepare or cook food, , to wash / bathe to manage toilet needs and to dress or undress .
There are 4 points the mobility part against 200 metres descriptor
My decision section states ....
... You said you have difficulties taking nutrition , managing therapy or monitoring health condition ,communicating verbally, reading and understanding signs and symbols and words , engaging with other people and making budgeting decisions . I decided you can eat and drink unaided either manage medication or therapy or monitor your health condition unaided or you do no not need to , express and understand verbal info unaided ,read and understand basic and complex info either unaided or using glasses or contact lenses ,engage with other people unaided and make complex budgeting decisions unaided.
You said you have difficulties planning and following journeys I decided you can plan and follow the route of a journey unaided ......
You demonstrated normal behaviour cognitive function concentration memory and intellect you engaged well with assessor adequate eye contact no evidence of anxiety observed. You confirmed you do need a vision test as you have no vision issues. You have problems with back movement bending slow walking gait and slightly reduced limb function and power .........
The HP asked questions about medical conditions including Trigeminal neuralgia , it was explained that on focussing or concentration or factors like noise a severe pain starting from left eye can be triggered in the trigeminal nerve it then spreads to left side of head. When HP offered a test it was pointed out to them that vision tests results are already available in ophthalmologist reports done every 3 months to follow up glaucoma suspicion and to follow up a severe dry eyes syndrome .It was in this context it was pointed out HP that the issue is not eye sight but doing an eye test results in pain . HP checked and confirmed the report is there . But it seems contents of GP / consultants reports has not been properly understood as to how trigeminal neuralgia affects ability to read and plan ,( notwithstanding almost normal eyesight prescription from optician). Pain once triggered can lead to confusion , disorientation , anxiety and stress . An advice from hospital was also shown to the HP that the patient must always carry with them the hospital file containing their heart disease tests reports and details for an emergency . It was explained to HP that the patient would never undertake a journey without another person for fear , anxiety and stress of probability of a cardiac event . The GP letter states that the patient suffers from a lot of anxiety and fears they may be having a heart attack . But the decision has disregarded GP notes. It refers to no anxiety at the time of consultation which seems out of context. It does not seem to visualise the actual situation in traffic noise , flashing lights and other unforeseen nuisances that can trigger Trigeminal nerve pain from the eye spreading to one side of head and added real situation stress caused by many health conditions . When asked why you need someone to be with you on a journey my partner only replied I get disorientated perhaps could not explain in detail but if all medical reports regarding anxiety , stress and concentration issue taken into account a mobility award could be awarded for points added under descriptor 11.
My partner has only a couple of days left counting from 14 December. Though it seems based solely on musculoskeletal examination my partner does not want to take the risk to loose the low rate award it is something for them to cherish for the next 2 years .
Please help . Thanks

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7 years 4 months ago #178164 by Gordon
Replied by Gordon on topic PIP decision received
zaib

Forgive me but I am not sure what you are asking! If it is whether you should challenge the Decision then the answer to this seems to lie with your partner first!

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 4 months ago #178197 by zaib
Replied by zaib on topic PIP decision received
Thanks Gordon . Because my partner does not undertake any journey without another person and believes it is dangerously unmanageable on their own to do so using public transport for example to go to hospital therefore they can not make out why the decision says ,

"I decided you can plan and follow the route of a journey unaided ......"

My partner does not like to look fussy- rather to my surprise ,over stated ability on some occasions . However emphasised during consultation that they can not undertake a journey without another person . So would like to challenge this element of decision; feeling it is so incorrect and worried that it may potentially make it unsafe for them if supporting persons are misled by this assessment . My partner is not sure what happens on a request only to look again on one issue from letters GP / consultants that note difficulties of concentrating/focus ( pain noticed when the patient puts glasses on) and GP letter that noise and stress tend to trigger trigeminal neuralgia pain and cardiologist notes there is stress and anxiety that often cause panic attacks as well underlying heart disease.
My partner wonders if it is worth while / good enough case for points to be added on this count (Q 13) result in mobility award as well. My partner would like to challenge this element.

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7 years 4 months ago #178215 by Gordon
Replied by Gordon on topic PIP decision received
zaib

The Descriptors for the Going Out activity are split into three groups

Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity.

Undertaking a Journey - this is do with mental health issues such as agoraphobia and social anxiety and is concerned with the claimant leaving the house to go somewhere, they will be interested in the things that stop you them doing this. If they can leave the house but risk not getting to their destination then they will need to explain why this is the case. You need to show that your wife would suffer "overwhelming psychological distress" to meet the criteria.

Following a route - the DWP regard this as a cognitive or sensory activity to do with navigating the route, to score for mental health issues you will need to show that her anxiety is so extreme that it would prevent her from actually navigating the route.

From what you have posted it is the undertaking of a route that would be an issue this would score 10 points for Descriptor (e).

You can request an MR for just the Mobility component but the DWP are entitled to look at the whole award and usually do, whilst it would be unusual for them to do so, it can mean that they reduce the award that is already in place. This is a risk that you must factor in to any decision to progress the matter.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that she meets the criteria, there are many reasons she may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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